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Trade Mark Monopolies in the Digital Age

Lookup NU author(s): Professor Andrew Griffiths

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Licence

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).

Abstract

This article reviews the core ground of infringement for trade marks covering cases of “double identity”. It argues that this ground should protect two distinct monopolies that the owners of trade marks enjoy.Their demand-side monopoly should give them the exclusive right to use their trade marks as resources for branding and differentiating products of a particular kind and turning them into specific objects of demand. Their supply-side monopoly should give them exclusive control over the supply of products that can satisfy that demand. This article argues that the core ground of infringement should address each monopoly and their ancillary aspects directly, taking account of the specific set of issues that they raise. The core ground should show how each monopoly contributes to the overall role of trade marks in commercial life and explain their main legal features. This article reviews the Court of Justice’s development of the core ground from this perspective and argues that this helps to explain some of the difficulties associated with this case law.

Publication metadata

Author(s): Griffiths AP

Publication type: Article

Publication status: Published

Journal: Intellectual Property Quarterly

Year: 2017

Volume: 2017

Issue: 2

Pages: 123-151

Print publication date: 30/04/2017

Acceptance date: 08/03/2017

Date deposited: 06/04/2017

ISSN (print): 1364-906X

Publisher: Sweet and Maxwell

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